MOBIUS EXECUTIVE LEADERSHIPPROGRAMS FOR LEGAL PROFESSIONALS

Negotiation Essentials (Introductory Level)

Most of us negotiate all day long as we try to influence colleagues, business partners vendors, and customers. Do you sometimes wonder if you are being too accommodating when you negotiate? Are you worried that the other side may be getting a better deal or that you have left value on the table? Do you sometimes come up against hard bargainers? Do you need to develop a uniform approach to negotiation within your organization?

The ideas, frameworks, and tools shared in this class are all based on best practices in negotiation developed over the last twenty years at the Program on Negotiation at the Harvard Law School. These ideas were first published in Getting to Yes (Fisher et al.1991) and further developed in Beyond Winning (Mnookin, Peppet and Tulumello, 2000) Handbook of Dispute Resolution (Moffitt and Bordone,2005), Getting It Done: How to Lead When You’re Not in Charge (Fisher, Sharp, and Richardson 1999), and The Power of A Positive No (Ury, 2007).

In this course you will acquire a systematic negotiation strategy and the ability to apply it across a wide range of business transactions. These strategies are proven methods that will build confidence and enhance your negotiation results. By the end of this course you will be more prepared to optimize outcomes of your negotiations, both internal and external. Furthermore, you will learn to recognize the variables that influence your ability to be an effective negotiator.

By using these strategies you will be better able to manage your business relationships while improving your substantive outcomes.

The faculty for this course are among the most senior community of negotiation professionals available for corporate consultation. They are lecturers at the Harvard Law School, Columbia Law School, Stanford Law School, and John F. Kennedy School for Government. These courses are highly applied and experiential, focusing on real-time negotiation challenges for the participants.

Mobius offers world-class consulting and corporate education in negotiation and conflict management. Services range from offering capability training to employees in the Negotiation Essentials Workshop (our flagship in-house seminar) to assisting senior leaders and executives to achieve breakthrough when they are stuck (customized intervention). Mobius consultants excel at bringing insight and practical skills to each of their clients. Our Negotiation programs are tailored for the audience, and are offered at Introductory, Advanced, and Executive Levels.

Few activities are more central to the lives of lawyers than negotiation. Early in a legal career, young lawyers need to learn to negotiate successfully with colleagues in their organizations. As attorneys develop they need to negotiate with clients, and of course with the other side. Whether they are making deals or resolving disputes, lawyers need the and skills to negotiate effectively.

This workshop is based on Beyond Winning: Negotiating to Create Value in Deals and Disputes by Robert Mnookin, Andrew Tulumello and Mobius senior consultant Scott Peppet. It is designed to address the special challenges lawyers face to negotiating successfully. Attorneys need to manage the tensions of negotiating on behalf of someone else. For example, acting as a legal agent involves handling asymmetric information – the client knows what he wants, but only the lawyer understands the complexity and procedures of the legal system. Lawyers need to negotiate with clients about their respective roles in a case, what offers to make and when to accept or reject a settlement, terms and conditions of contracts, potential claims they have available, and more. All of these require the lawyer to manage expectations and to communicate well about the risks and opportunities at hand. This course explores the principal-agent tensions and how to manage them.

Another skill-set lawyers need to negotiate effectively is the ability to create value as well as to distribute it. When negotiating with attorneys on the other side, many lawyers fall into the common trap of using a zero-sum approach. They wrongly assume that their goal is to claim every possible dollar, and with that objective in mind, they routinely leave value on the table. Paradoxically, the focus on beating the other side prevents lawyers from getting the best possible outcome for their clients. This workshop examines the mindset and capabilities lawyers need to generate optimal results for their clients.

The course next looks at the delicate line lawyers need to walk between empathy and assertiveness. When clients are in distress it is essential to forge a human connection. Yet most training lawyers receive does not prepare them at all to show understanding and compassion to their clients. Lawyers worry that “empathy” is the same as “agreement”, or that showing emotion is beyond their role as an attorney. Yet overwhelming research shows that clients want to know their agents in professional services firms care about them, including their lawyers. At the same time, clients can be unrealistic about the outcome they can get, irrational in their decision-making, and rigid about their demands. Lawyers need to maintain a good relationship while at the same time knowing how to educate clients and stand their ground as advisors. Balancing empathy and assertiveness is therefore central to their success.

Beyond Winning: Advanced Negotiations for Legal Professionals

Beyond Yes™

Leadership Mastery and High Performance (Executive)

Our flagship personal mastery offering, Beyond Yes™ Leadership Mastery and High Performance, presents the core content of a forthcoming book, Beyond Yes: Negotiation Mastery from the Inside and Out, written by Mobius President Erica Ariel Fox. Erica is a lecturer at Harvard Law School and the founder of the Global Negotiation Insight Institute. This unique and in demand experiential training explores the meeting places of timeless wisdom and spiritual practice on the one hand and the challenges of modern business, legal practice and leadership on the other.

Erica is internationally recognized as a pioneer in the integration of wisdom traditions and spiritual practice into the negotiation and conflict resolution field. Erica is also a business consultant, working with Fortune 500 companies as well as public sector leaders to build consensus, facilitate change and transform crisis into opportunities for growth. Beyond Yes™ Leadership Mastery and High Performance is based on a dozen years of experience teaching negotiation at Harvard Law School and over a decade training professionals around the world and providing strategic counseling and conflict mediation to top teams.

Many people find themselves in positions of leadership based on outstanding technical performance or subject matter expertise. Of course, early in one’s career success depended on such technical competence and knowledge. At that stage high performance is measured by the ability to deliver quality results in an efficient manner. Moving ahead depends on execution skills such as concrete problem solving. At a certain point, however, such competence is no longer enough. As one moves into management, and ultimately positions of leadership, one needs to address different kinds of kinds of problems—involving people, teams and the organization as a whole. From developing people and leading teams to shaping an organizational culture, inspiring the workforce, and managing complex change, leadership requires more advanced skills. At this stage, one needs the internal strengths and external skills to lead in the most essential dimension of any organization—the domain of human capital.

In this program one will learn the framework and tools one will need to lead people and organizations. Unlike other models that focus on behaviors this course operates from the inside out, building internal strengths and qualities one needs to serve as an effective leader. Unlike other personal growth experiences, this course focuses on the business applications of leadership skills, using “real time” coaching to ensure relevance and embedding of the skills. Blending century old wisdom with emerging leadership practices, this program offers a unique and deep immersion into personal development leading to professional mastery. Through mindfulness and heightened self-awareness, communication skills, decision making, execution and problem solving are radically improved. Using a proven methodology, “Archetypes and Autobiography,” this program will draw on life experiences and current work challenges to foster insights and breakthroughs that lead to high performance. At the end of this course one will return to work empowered, with new executive skills and a greater capacity for impact and leadership.

Beyond Yes™

Leadership Mastery and High Performance (Executive) A Brief History of Beyond Yes™ Leadership Mastery and High Performance

As a student at Harvard Law School in the early nineties, Erica was very involved in the negotiation and mediation programs. These groups had launched the best-selling Getting to Yes and the win-win approach that later spread around the world. After practicing law for a year, Erica returned to Harvard Law School in 1996 as a Lecturer to teach negotiation, which she continues to do today. Over the past dozen years Erica has emerged as a global leader in the negotiation field.

After the events of September 11, 2001, Erica felt a strong pull to investigate new, untapped perspectives on conflict and to respond to a need expressed by many professionals for deeper meaning in their lives. In 2003, Erica drew on her diverse experience to found the Harvard Negotiation Insight Initiative (HNII) to explore what ancient wisdom traditions and contemplative practices could offer the contemporary negotiation and conflict field. HNII served as a living laboratory, bringing professionals together from dozens of countries to explore the interface of the world of action and the world of reflection. A broad range of professionals, from lawyers and business leaders to engineers and educators, experienced a meeting place between the demands of the outside world and the depth of the inner life. After running that program for several years at the Harvard Program on Negotiation, Erica expanded the project to form an independent non-profit called the Global Negotiation Insight Institute (GNII, pronounced genie) that seeks to build a wise, mature, and less violent global community.

In her body of work, Erica focuses on helping professionals to cultivate internal qualities such as awareness, presence and balance, as well as to master skills for interacting effectively with others. This combination enables them to make conscious and constructive choices in their lives both at work and at home. Erica is recognized internationally for her pioneering work that explores the personal, spiritual and deeply human aspects of negotiation, execution and leadership. Beyond Yes™ unpacks the role that ancient insight and contemplative practices play in the contemporary life of successful professionals.

Beyond Yes can be offered as a keynote presentation, a stand alone workshop, or a longer six month field and forum program. The field and forum program could be applied to managing partners, emerging leaders, women attorneys or another designated cohort.

Masterful ConversationsIn turbulent times, many companies turn their attention to the adaptability of their leadership teams. It becomes only more evident during times of crisis how critical it is that the organization foster candid, crisp and powerful communication. Now more then ever, the quality of your reputation, the strength of your collaborative and customer relationships, the creativity of your strategy, and the retention of your work force all depend on the skills the firm brings to conversations and relationship management.

Do you sometimes wonder if your team is afraid to express concerns? Do you think people are being “too nice” and avoiding important business conversations? Are you concerned that there are performance gaps that aren’t being addressed because managers are unable to state the hard facts? Are you worried that there is lowering engagment and morale because employees are dissatisfied but not raising issues?

Many organizations need to develop a greater capacity for managing conversations that are business-critical. People are becoming increasingly siloed and protective, worrying more about conservation then change, innovation and meaningful accountability.

In this course you will begin to build a communication culture that invites diversity of viewpoints and encourages positive conflict. Participants will learn new tools for managing different ideas and perspectives and working collaboratively on teams. You will leave the course with a system for preparing for a conversation and entering with a focused agenda and a productive frame of mind. This course develops emotional intelligence and influence skills at managing difficult conversations. By the end of this course you will be able to better handle performance feedback sessions, strategic meetings, and a wide range of other business transactions that impact the firm’s bottom line. You will return to work with the skill and confidence to assert your ideas and concerns more directly.

Faculty for this course are drawn from senior experts trained at the Harvard Negotiation Project as well as experts in team dynamics, executive development, conflict resolution and emotional intelligence. Masterful Conversations can be offered as an open enrollment program or tailored for a top team working together on an ongoing basis.

Mobius offers a one and two day version of Masterful Conversations, a foundational communications course. We can also tailor versions of this course to focus on performance feedback conversations; coaching and talent calibration discussions; and other topical challenging conversations for managers.

Trusted Advisorship: A Field and Forum ProgramIn many professional services firms we find professionals of a certain tenure need to step into playing more of a coaching and advisory role for their clients. The ability to move from offering consultative and technical advice into a more dialogue laden advisor’s role requires a new level of skill as well as a shift in foundational mindset. This program, offered over a six to nine month period, has a field and forum approach. It meets for three in person sessions, with ongoing assignments and group coaching calls in the interim. Projects are focused on real-time client relationships so progress is applicable and immediately relevant. Learning between sessions would be supported through a range of methods, including individual reading, peer coaching, learning teams, and one-on-one coaching from Mobius.

Drawn from the book The Trusted Advisor by David Maister, Charles Green and Robert Galford, the framework for trusted advisorship includes an array of characteristics that successful advisors model including but not limited to; the ability and predilection to focus on the client and not themselves; building a more personal relationship with the client as an individual and taking risks where appropriate; focusing on problem definition and resolution over technical mastery; push for ever greater client service; self-motivated; holding an attitude of service and support.

Within the forums, we teach and practice skills for coaching conversations which include solution focused questions, appreciative inquiry, setting up a coaching conversation, framing and reframing, effective option generation, empathy and emotional intelligence, body language and presence, and driving for results. These skills enable participants to coach or advise a client in thinking about an issue panoramically and comprehensively.

The sequence begins with a broad understanding of the situation as viewed by the client, and continues by exploring the opportunities afforded by the business situation and thinking through its broadest possible implications. Once that has been done, the consultant can help their client refine their goal or aspiration for the situation, get a picture of the constraining forces to meeting their optimal outcome, and help generate options for addressing these barriers to success. Finally, the consultant can facilitate a stakeholder assessment to strategize plans for securing the organizational will and alignment to take action and manage resistance.

Consultants who have high degrees of technical expertise tend to approach consultative conversations with an orientation towards providing information and telling their recommended courses of action. They often bring into these conversations mindsets that undermine an advisory mode including a stance of certainty, a mindset of right/wrong, and judgments and attributions about the other party. All of these oversimplified and negative modes of thinking can inhibit our effectiveness as neutral advisors and sounding boards. In the sessions we use demonstration role plays and film clips to help people understand the shift in mindset from “expert” to “advisor” and from a mode of telling/advocacy to a mode of exploration and joint problem solving.

Trusted Advisorship: A Field and Forum Program

Intensive One focuses on two areas: developing the right mindset to approach partnering with clients, and understanding the foundation of your own skills and limitations as a advisor counselor. In this session people will learn to con¬trast classical mindsets (such as consultants should act with certainty and provide complete answers; focus on the business result and substance) with the emerging wisdom on more effective mindsets (such as clients want their consultants to work with them to identify the best answers; to balance attention to substance and relationship; to build personal trust as well as confidence in the attorney’s legal expertise, business acumen and experience). Participants will leave with a new framework in their minds to analyze and appreciate their role with clients. They will also begin to understand their own styles and patterns when working with clients and plan their own map for development over the course of the program.

Intensive Two focuses on two areas: the core behavioral skills you need for successful counseling conversations and best practices to work most effectively with your clients. Building on the mindset established in Intensive One, this session teaches the core interpersonal skills needed to build trust and counsel clients. We will distinguish between different kinds of conversation, such as the distinction between “conversations for action” and “conversations for building rapport and relationship”. We will practice handling a range of conversations with clients, including challenges like “moment of truth” conversations, in ways that build rather than undermine trust. We will likewise practice how to shift from the substantive ground of what needs to be done to the deeper territory of discussing clients’ fears, aspirations, and personal legacy. On that foundation of essential communication skills we will add core coaching techniques for holding broad reaching consultative conversations. This will enable participants to blend relationship-building skills with new expertise at collaborating with clients to generate business solutions and positive transactional results.

Intensive Three focuses on the deeper stance required to counsel clients effectively. Where Intensive One focuses on a constructive cognitive mindset and Intensive Two focuses on skill-building to implement coaching conversations, Intensive Three works to achieve alignment between the underlying stance and the mindset and skills used by the consultant-advisor. This is the more delicate domain of personal character and maturity, involving an internal shift from self-importance to confidence with humility, from certainty to curiosity, and from proving what you know to discovering what you don’t yet know. In our view, this component is essential to achieving success with clients since many frameworks and tools that work well conceptually do not work in practice because they are executed without authenticity. This session supports participants to engage clients openly, candidly, and with compelling personal presence.

This last Intensive will also address “pulling it all together” from the previous sessions as well as how to continue learning and development going forward.

In broad strokes the program is focused around three intensive forum programs, each with its own goals, program and faculty experts. Cumulatively the field and forum program helps support a seasoned professional’s evolution from outside expert to trusted and ongoing trusted consultant/advisor. Each Intensive has its own focus and the three together gradually build mastery in the participants.

Personal Insight Workshops

The Personal Insight Workshop is framed around a key distinction—significant change must be seen not as simply a new way of doing things, but as a radical shift in root perspective. A transformation is as much about alignment and accountability as it is about strategy.

Personal Insight Workshops (PIW’s) are powerful interventions aimed at initiating and accelerating significant mindset and behavior change within a team, group or organization. Designed and tested by the world’s premier strategy consulting firm, these tailored workshops have been successfully rolled out across several Fortune 500 corporations in the context of larger scale performance transformations.

The PIW is a high impact, two day intervention for up to thirty people delivered by experienced transformational facilitators. Starting with the organizational context and direction for change, the workshop moves into the personal domain. Thousands of executives, managers and front-line workers have experienced the PIW over the past few years, with remarkable organizational and performance changing results. Most change efforts focus on external drivers of change: systems, policies, incentives, training. However, humans react to external motivations with resistance and defensiveness. The PIW encourages a more expansive and adaptive outlook, one that internalizes the locus of accountability for transformation within individuals. The PIW, a two day foundational training, creates an enthusiastic critical mass of change champions within an organization.

Personal Insight Workshop Lead Facilitators

Jim Allen Jason Gore Lyse Merineau Mark Thornton

Christian de la Huerta Louise Hansell Tom O’Brien Lyn Travis

Carol Faull Carole Kammen Jane Purchall Alex Trisoglio

Virginia Fleming Alex Kuilman Scott Rutherford Andrea Borman Winter

Lorraine Gordon Matthew Levy

“ Mobius Executive Leadership helped us start

our journey in a respectful yet provocative

way. The team was flexible, gentle but firm

in guiding us through our resistance to

change”

–Helena Light Hadley, VP, Organization and Talent Development, FINRA

JURISIGHT® The Mindful Practice of Law and Life

Over the last twenty years, there has been increasing awareness in the United States to mindfulness—paying attention to life in the present moment. Over this same period, research in the field of neuroscience has uncovered and continues to explore how “mindful awareness” and the way we choose to attend to our experience, transforms not just behavior, but the very structure and function of the brain. Mobius Executive Leadership, in collaboration with The Institute for Mindfulness Studies (IMS), brings the contemplative practice of mindfulness to practitioners of law by offering mindfulness insights and instruction in techniques specifically designed for attorneys. The hope of these programs is to improve the quality of life and practice for attorneys and to support high performance by increasing leadership presence, emotional intelligence, self-management and interpersonal skills of the lawyers we work with.

The Jurisight® program, developed by IMS, brings together groundbreaking work in the field of neuroscience and the contemplative practice of mindfulness. Jurisight was developed by Scott Rogers, M.S., J.D., Director of the Institute, attorney, and longtime practitioner of mindfulness, after working closely with attorneys interested in bringing greater balance into their lives and enhancing their well-being and performance. The Jurisight programs incorporate imagery and concepts integral to the law, thereby facilitating a lawyer’s understanding of, retention, and application of these techniques. The effectiveness of Jurisight is found in its seamless application to an attorney’s busy and sometimes stressful life.

When attorneys incorporate mindfulness practices, they are better equipped to deal with the unexpected, however it presents itself. In addition, they develop and enhance their capacity to be more genuine and present for what arises in their interactions with their clients, their colleagues, with witnesses, and their adversaries. They are also able to focus with greater clarity on assignments and work. The result is a momentous shift in well-being and efficacy in one’s professional and private life. The practitioner responds to stressful and uncomfortable events with greater ease, from a newfound place of balance. The mind is clearer and the moment fresher. Performance is optimized. Carryover changes realized in family and personal relationships can be extraordinary.

Scott Rogers, MS, JD, founder and director of the Institute for Mindfulness Studies, has more than 17 years experience in mindfulness and other contemplative practices. His diverse legal career includes state and federal appellate clerkships, commercial litigation practice, and service as corporate general counsel. He is author of Mindful Parenting.

This program can run in tandem with Mobius Personal Effectiveness program which focuses on time management, office space and email management. Our Personal Effectiveness Program helps people to deal with heavy workloads and cope with change; use time effectively and plan well for balancing multiple projects simultaneously; manage project teams and delegate effectively and increase their sense of control and balance in their professional lives. It can also be coupled with our wellness program entitled Restore Yourself based on Dr. Edy Greenblatt’s new book. More on each of these programs can be found on our website at www.mobiusleadership.com.

Trainer/ConsultantsDr. Dianne Argyris Leadership Expert (North America)

Robin AtheyDirector of Research

LeeJay BermanLecturer, Pepperdine Law School and President, American Institute of Mediation

Michael DicksteinLecturer, Stanford Law School

Dr. Amy EdmondsonNovartis Professor of Leadership and Management, Harvard Business School

Erica Ariel FoxLecturer, Harvard Law School and Founder Global Negotiation Insight Institute

Anne GottliebActress, Leadership Presence Expert

Dr. Edith GreenblattAuthor, Restore Yourself

Kathy HolubLecturer, Columbia and Harvard Law Schools

Dr. Erin LehmanTeam Dynamics Expert

Alain LempereurLecturer, Harvard Law School

Frederic LalouxStrategy Consultant (Europe)

Michael MoffittFaculty, University of Oregon Law School

Linda NetschFaculty, Stanford and Harvard Law Schools

Scott PeppetFaculty, University of Colorado

Neil PearseLeadership Expert (Europe)

John RichardsonLecturer, Harvard Law School

Rob RiciglianoDirector, Institute of World Affairs, University of Wisconsin Milwaukee

Scott RogersDirector, Institute for Mindfulness Studies

Paul SilvermanDirector, Personal Effectiveness Program

Gillien ToddLecturer, Harvard Law School

Jim Tull Leadership Expert (North America)

Executive CoachesCaroline Butler

Wendy Capland

Boris Carl

Jennifer Cohen

Victoria Doebbel

Devra Fradin

Emily Gould

Sharon Grady

Michele Gravelle

Michael Grubb

Alexandria Hilton

Ron Kertzner

Susan Kertzner

Frederic Laloux

Gina Laroche

Steve Lishansky

Elizabeth Matsui

Neil Pearse

Libby Robinson

Floris Rommerts

Helene Roos

Dave Savage

Rob Schilling

Christa Schoning

Mary Ann Somerville

Dalida Turkovic

Angela Wagner

Alex Eunkyeong Yu

Senior Faculty: Mobius Programs forLegal Professionals

398 Linden Street • Wellesley Hills, MA 02481www.mobiusleadership.com

Interested parties in Mobius Executive Leadership Programs for Legal

Professionals should contact:

Karyn Saganic, Director of Client Services

Email: Info@Mobiusleadership.com

Phone: (781) 237-1362

Fax: (781) 237-1873

www.mobiusleadership.com

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